National Union of Workers v Nature's Dairy Australia Pty Ltd

[2018] FWC 4784

[2018] FWC 4784

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

National Union of Workers

v

Nature’s Dairy Australia Pty Ltd

(B2018/701)

Deputy President Gostencnik MELBOURNE, 14 AUGUST 2018

Proposed protected action ballot of employees of Nature’s Dairy Australia Pty Ltd.

1. This is an application by the National Union of Workers (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Nature’s Dairy Australia Pty Ltd (Respondent).

1. On 14 August 2018, my Associate was advised that the Respondent did not object to the application.

1. In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

1. On the basis of the material before me, including the statutory declaration of Ms A Gardner of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

1. An order has been separately issued in PR609949.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR609947>